Carroll v. Barber

Carroll sued Barber, and the case was referred to an auditor. Pending the case Barber died, and his legal representatives were made parties in his stead. The auditor made á report, to which the plaintiff filed exceptions both of law and fact. All the exceptions of fact were withdrawn, as well as all of the exceptions of law except four. The court overruled these four exceptions, and the plaintiff brings the cáse here in a bill of exceptions assigning error upon this ruling.

1. During the lifetime of Barber the auditor proceeded to hear the case, and after having heard several witnesses for the…